Archives for December 1999

Q. Does anyone know anyone who might have any information at all that might help an HIV+/HIV- same-sex couple immigrate to Canada on Humanitarian and Compassionate grounds? Neither member of the relationship currently resides in Canada, though the negative partner could likely immigrate as an independent.

Answer: Current Canadian Immigration regulations do not allow for same-sex or common-law couples to sponsor their partners under the normal family-reunification rules. However, Immigration Canada has developed an internal policy pursuant to which same-sex/common-law partners of Canadian residents/Permanent Residents will be evaluated as Independent/Skilled Worker applicants. If insufficient “units of assessment” are awarded to the individual, the visa officer would then evaluate, on a case by case basis, whether a permanent resident visa should nonetheless be granted on “Humanitarian and Compassionate” grounds.

The visa officer would then examine all of the evidence provided to establish the genuine nature of the relationship (does the couple live together? for how long? how long have they been a couple? etc…

Almost certainly, however, an applicant that is diagnosed with HIV would not be considered medically admissible. The result could be refusal of all applicants in the case, as is the case with a typical family.

Additional information on this topic may be found at the following URL:

Q. My friend who is a Canadian PR has been stayed outside Canada for more than 6 month for the purpose of study in a European country, and now he would like to return to Canada. He didn’t apply for a Returning Permit when he left Canada, because he didn’t have the intention of abandoning Canada as the permanent residence. In addition, his family has been in Canada and himself still hold a Canadian bank account. He even has a car in Canada which has not been used in the past months.

At the Port of Entry of Canada, IF the immigration officer thinks he wants to abandon Canada, what would happen? Will he be refused to enter Canada and go back to Europe RIGHT AWAY?

Answer: If the immigration official is convinced that the individual had intended to abandon Canada as the place of permanent residence, a number of things may happen:

1) The immigration official could request that the individual leave Canada. As a permanent resident, however, he has the right to insist on his admission, and that an adjudication be held into the case (see 2,3).

2) The immigration official may admit the individual and request an adjudication be held. The individual would be then required to demonstrate the lack of intent to abandon Canada at the adjudication.

3) The immigration official may detain the individual within Canada until the scheduled adjudication. The individual would be then required to demonstrate the lack of intent to abandon Canada at the adjudication.

Again, these are possible only if the immigration official is not satisfied with the individual’s efforts to demonstrate that he did not intend to abandon Canada.

Additional information on this topic may be found at the following URL:

In a recent article which appeared in The Globe and Mail (November 19, 1999), Elinor Caplan – Canada’s newly-installed Immigration Minister – indicated Canada’s intentions to encourage the entry of immigrants.

During the course of an interview, Ms. Caplan admitted that Canada has been focusing too much of its resources on protecting its borders, as opposed to promoting immigration to Canada.

Ms. Caplan acknowledged that the Canadian immigration process has become so wrought with delays that many potential new Canadians are discouraged from even applying. Ms. Caplan confirmed that the government is looking at new ways to streamline the immigration process, such as the implementation of a centralized processing center.

As Ms. Caplan stated, “With an economy that’s booming and firing on all cylinders and jobs being created in the high-tech sector particularly, we have to get out there and promote. And we’re not going to be [in a position to] promote if we find people who want to come and they’ve made application and then we make them wait too long.”

This emphasis on speed and quality of service will hopefully inspire qualified foreign individuals to submit applications for permanent residence. The government appears to be aiming to come closer than it has in the recent past of meeting its targeted levels of immigrants. As the article confirmed, Canada “will bring in about 180,000 immigrants this year, 20,000 to 45,000 below the government’s goal.”

On November 5, 1999, the Government of Canada announced the proposal of a new Citizenship Act. According to Elinor Caplan, Canada’s Immigration Minister, the new Act is designed to “strengthen the value of Canadian citizenship by better defining what it means to be Canadian and by setting clearer criteria for acquiring citizenship.”

As the government revealed in its press release, some of the main features of the proposed legislation are the following:

The legislation proposes setting more precise terms of residence, requiring that applicants be physically present in Canada for three years of the six years prior to applying. This is in contrast to the current law which requires three years of residence during the four year period prior to applying. In addition, the current law is somewhat unclear about the requirement of “physical presence” in Canada. Thus, while the new law would require actual physical presence in Canada, it would still allow for a certain amount of flexibility – particularly for people who are obliged to be out of the country for extended periods of time.

The new Act would set new limits on the number of generations through which citizenship could be passed on to children born abroad. Under the proposed law, an individual born abroad to a Canadian would have Canadian citizenship. However, if that person stays outside of Canada and then has a child, the child would to apply to retain citizenship and meet the residence requirement before the age of 28.

Individuals who obtained their citizenship through a false identity or who should have been prohibited from ever obtaining citizenship as a result of criminal activities, could have their citizenship annulled by the Minister.

The new law would implement a simplified decision-making process whereby applications would be processed faster.

A faster and more effective process would be instituted for the review of decisions.

A new oath which clearly expresses loyalty to Canada would be introduced. The current oath (dating back to 1947) does not even mention Canada. The new oath would also call for Canadian citizens to confirm their respect for the rights and freedoms of citizens and the centrality of the principles of democracy.

Finally, the proposed legislation would establish that foreign children adopted by Canadian citizens could become citizens without first becoming permanent residents.

If passed, this new legislation would represent the first major reform of Canada’s citizenship laws in over twenty years.

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